The validity of the statement that if a man insults the religion, his wife is divorced
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The questioner:
His other question says: I have heard from some Muslim scholars that if a man insults the religion, his wife is divorced, and he is required to repent, seek forgiveness, and contract a new marriage. What is the validity of this statement? This matter happens often, especially during intense anger.
The Shaykh:
Insulting the religion is apostasy from Islam, and insulting the Qur'an and the Messenger is likewise apostasy from Islam, may Allah protect us. It is disbelief after faith. However, it does not result in the divorce of the wife; rather, it creates a separation between them without a divorce. It is not a divorce, but she becomes forbidden to him because she is a Muslim and he is a disbeliever. She remains forbidden to him until he repents. If he repents and she is still in the waiting period, she returns to him without the need for anything.
The presenter:
Yes, without a contract.
The Shaykh:
And if she returns to him, she is his wife. But if the waiting period ends and he is still in his state, having not repented, then she may marry whomever she wishes, and that is equivalent to a divorce. It is not that it is a divorce, but it is equivalent to a divorce, because Allah has forbidden a Muslim woman to a disbeliever.
The presenter:
Even if he wanted her.
The Shaykh:
We are not for them, and they are not for us. If he repents and returns, he may marry her after that, and there is no harm. Yes.
The presenter:
In a new contract.
The Shaykh:
The contract after the waiting period should be a new contract, which is safer to avoid the disagreement among scholars. Some scholars hold that she becomes permissible to him without a new contract if she chooses him and has not married after the waiting period, but rather remained in her state. However, if he contracts a new marriage, that is better to avoid the disagreement of the majority of scholars. The majority say that once the waiting period ends, she is separated from him and becomes a stranger who is not permissible without a new contract. So it is better for him to contract a new marriage. This is if she has exited the waiting period before he repented. But if he repents, she is his wife. Yes.
The presenter:
Yes, may Allah reward you.
The Shaykh:
In the waiting period, and if she is in the waiting period, she is his wife. Yes.
The presenter:
May Allah reward you.
His other question says: I have heard from some Muslim scholars that if a man insults the religion, his wife is divorced, and he is required to repent, seek forgiveness, and contract a new marriage. What is the validity of this statement? This matter happens often, especially during intense anger.
The Shaykh:
Insulting the religion is apostasy from Islam, and insulting the Qur'an and the Messenger is likewise apostasy from Islam, may Allah protect us. It is disbelief after faith. However, it does not result in the divorce of the wife; rather, it creates a separation between them without a divorce. It is not a divorce, but she becomes forbidden to him because she is a Muslim and he is a disbeliever. She remains forbidden to him until he repents. If he repents and she is still in the waiting period, she returns to him without the need for anything.
The presenter:
Yes, without a contract.
The Shaykh:
And if she returns to him, she is his wife. But if the waiting period ends and he is still in his state, having not repented, then she may marry whomever she wishes, and that is equivalent to a divorce. It is not that it is a divorce, but it is equivalent to a divorce, because Allah has forbidden a Muslim woman to a disbeliever.
The presenter:
Even if he wanted her.
The Shaykh:
We are not for them, and they are not for us. If he repents and returns, he may marry her after that, and there is no harm. Yes.
The presenter:
In a new contract.
The Shaykh:
The contract after the waiting period should be a new contract, which is safer to avoid the disagreement among scholars. Some scholars hold that she becomes permissible to him without a new contract if she chooses him and has not married after the waiting period, but rather remained in her state. However, if he contracts a new marriage, that is better to avoid the disagreement of the majority of scholars. The majority say that once the waiting period ends, she is separated from him and becomes a stranger who is not permissible without a new contract. So it is better for him to contract a new marriage. This is if she has exited the waiting period before he repented. But if he repents, she is his wife. Yes.
The presenter:
Yes, may Allah reward you.
The Shaykh:
In the waiting period, and if she is in the waiting period, she is his wife. Yes.
The presenter:
May Allah reward you.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 7879 - مدى صحة القول بأن من سب الدين طلقت امرأته - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.